1 level ia: fundamentals re-certification education and certification for persons involved in land...

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Level IA: Fundamentals Re-certificationEducation and Certification for Persons Involved in Land Disturbing Activities

NPDES General PermitsStorm Water from Construction Sites

Issued May 2009

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What is “NPDES”?

National Pollutant Discharge Elimination System

Created by the Federal Clean Water Act (CWA) to control water pollution by regulating the discharge of pollutants to surface waters.

Georgia Environmental Protection Division (GA EPD) has been “authorized” by the U.S. EPA to issue

NPDES General Permits within the State.

Once a state is “authorized,” the U.S. EPA oversees the state’s

administration of the program.

http://www.epa.gov/cgi-bin/epalink?target=http://www.epa.gov/&logname=epahome&referrer=seal

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Three Types of General Permits

•GAR100001 – Stand Alone Construction •GAR100002 – Infrastructure Construction•GAR100003 – Common Development Construction

NPDES General Permits

were re-issued August 1, 2008

Permits are available on the GA EPD website: www.gaepd.org or www.gaswcc.georgia.gov

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Read the Permit?

to understanding and maintaining compliance

Reading and understanding the Permit is essential

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Terms of the Permit

Part I – Coverage under the Permits:

These Permits regulate discharges of storm water to waters of the State from construction activities.

CONSTRUCTION ACTIVITY means the disturbance of

soils associated with clearing, grading, excavating, filling of

land, or other similar activities which may result in soil erosion.

Construction activity does not include agricultural and silvicultural practices, but does include agricultural buildings.

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Terms of the Permit


The proposed general permits will be valid for

a term of 5 years Land disturbance equal to or greater than one

(1)acre, or Tracts of less than one (1) acre that are part of a

larger overall development with a combined disturbance of one (1) acre or greater

(i.e., common plan of development)

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Terms of the Permit


CERTIFIED PERSONNEL means a person who has

successfully completed the appropriate certification course

approved by the GSWCC. (O.C.G.A. § 12-7-19)

•Subcontractor Awareness - Subcontractors retained by

a Permittee•Level IA – E&SC Inspectors retained by a Permittee•Level IB – Regulatory Enforcement Inspectors•Level II – Design Professionals and Plan Reviewers

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PRIMARY PERMITTEE means the Owner or Operator or

both of a tract of land for a construction project subject to the

Permits.

• Only the Primary Permittee is responsible for paying the NPDES General Permit fees.

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Terms of the Permit

The Primary Permittee is solely responsible

for the payment of fees for all planned

land disturbing activities, including all land

disturbing activities within a Common

Development planned by the Secondary

Permittees and/or Tertiary Permittees. *NPDES General Permits – Fee Form and

Fact Sheet are available on the GA EPD

and GSWCC websites: www.gaepd.org / www.gaswcc.georgia.gov

(Permit Reference: Part II.D.)

Part I – Coverage under the Permits

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Terms of the Permit

PRIMARY PERMITTEE must have at least one “certified

person” (Level IA) on-site responsible for E&SC for land

disturbing activities undertaken by the Primary Permittee.

(O.C.G.A. § 12-7-19(a)(2))

• If a “certified person” is not on-site, the permittee should stop all land disturbing activities undertaken by that permittee.

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Terms of the Permit

SECONDARY PERMITTEE means an owner,

individual builder, utility company or utility contractor

that conducts a construction activity within a

Common Development.

COMMON DEVELOPMENT means a contiguous

area where multiple, separate and distinct

construction activities will be taking place at different

times on different schedules under one plan of

development.

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Terms of the Permit

Part I – Coverage under the PermitsPrimary Permittees of Common Developments:

•Must maintain a list of all Secondary Permittees,

•Ensure that all Secondary Permittees have received a copy of the Primary Permittee’s ES&PC Plan and have signed the Primary Permittee’s copy, and

•Ensure that all Secondary Permittees are aware of their responsibilities as permittees under the Permit.

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Terms of the Permit


SECONDARY PERMITTEE must have at least one

“certified person” (Level IA) on-site responsible for

E&SC for land disturbing activities undertaken by the

Secondary Permittee. (O.C.G.A. § 12-7-19(a)(2))


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Terms of the Permit


TERTIARY PERMITTEE means either the Owner or Operator

of a remaining lot(s) within a Common Development where

the Primary Permittee and all Secondary Permittees have

submitted a NOT in accordance with the Permit (excluding

utility companies and contractors working under a Blanket

NOI).

• The Primary Permittee must notify the legal title holders of each remaining lot(s) that these lot Owners or Operators will become Tertiary Permittee(s).

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Terms of the Permit

Part II – Notice of Intent Requirements

• Existing construction sites must submit a new NOI no later than 60 days after the effective date of the new permits. (Note: No change from earlier permits)

• For existing construction sites, check the box on the NOI for “Re-Issuance Notification.”

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Terms of the Permit


• If the Primary Permittee has already paid the applicable fees, the Primary Permittee does not pay any additional fees for a “Re-Issuance Notification.”

• If the Primary or Secondary Permittee did not submit a valid Notice of Termination (NOT) prior to August 1, 2008, the Permittee must submit a new NOI for Re-Issuance Notification prior to submitting a NOT.

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Terms of the Permit

• New construction sites must submit a NOI at least 14 days prior to commencement of construction activities. (Note: No change from earlier permits)

• For new construction sites, check the

box on the NOI for “Initial Notification.”

• NOIs must be submitted by return receipt certified mail or similar service and proof of submittal must be readily available at the construction site or a designated location.


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Terms of the Permit


NOIs must be submitted to both the appropriate GA EPD

District Office and to the Local Issuing Authority (LIA) in

jurisdictions authorized to issue local Land Disturbance

Activity permits. (Note: No change from earlier permits)

(Permit Reference: Part II.C.)

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Terms of the Permit


• In the event a lender or other secured creditor acquires legal title to a construction site (e.g., FORECLOSURE), such party, as the new owner, must file a new NOI by the earlier to occur:

•7 days before beginning work at the construction

site,

or •30 days from acquiring legal title to the

construction site.

(Permit Reference: Part II.A.4.)

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Terms of the Permit

Part II – Notice of Intent Requirements• Utility Companies may submit an Annual Blanket Notice of

Intent covering all construction activities within common developments statewide on or before January 15th of the year in which coverage is desired.

• A copy of the Blanket NOI must be provided to the Primary Permittee not more than 7 days prior to commencement of construction activities by the Utility Company at each site.

(Permit Reference: Part II.B.2.l.)

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Terms of the Permit

• If the Impaired Stream Segment has been listed for the criteria violated, “Bio F” (Impaired Fish Community) and/or “Bio M” (Impaired Macroinvertebrate Community), within Category 4a, 4b or 5, and the potential cause is either “NP” (nonpoint source) or “UR” (urban runoff), the ES&PC Plan must include at least four (4) of the BMPs listed in Part III.C.2. (a) – (t) of the new permits.

Part III – Discharges into, or within one mile upstream

of and within the same Watershed as, any portion of

a Biota Impaired Stream

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Impaired Stream Segments

Part III.C.2. (a) – (t) of the new permits.

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Impaired Stream Segments

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Terms of the Permit

305(b)/303(d) List Documents (Final)

• Georgia’s 2008 and subsequent “305(b)/303(d) List Documents (Final)” can be viewed on the GA EPD website, www.gaepd.org/Documents/305b.html.

• GIS Data Sets for biota impaired streams are available on the GA EPD website in ESRI Geodatabase 9.1 format and ESRI Shapefile format.

• Criteria violated: “Bio F” (Impaired Fish Community) and/or “Bio M” (Impaired Macroinvertebrate Community).

• Potential causes: “NP” (nonpoint source) or “UR” (urban runoff).

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Terms of the Permit

Erosion, Sedimentation and Pollution Control Plan • The ES&PC Plan is critical

• The Plan must be prepared in accordance with Part IV of the Permit

• The Plan must be implemented

• The Plan must provide for compliance with the Permit.

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Terms of the Permit

Part IV – ES&PC Plan – Design Professional

• Erosion, Sedimentation and Pollution Control (ES&PC) Plans must be prepared by a “certified design professional” (Level II) licensed by the State of Georgia in the field of engineering, architecture, landscape architecture, forestry, geology or land surveying or a “certified design professional” (Level II) that is a Certified Professional in Erosion and Sedimentation Control (CPESC).

(Permit Reference: Part I.B.8 Stand Alone/Infrastructure

Part I.B.10 Common Development)

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Terms of the Permit


Upon notification by the permittee, the design professional

who prepared the ES&PC Plan must inspect the installation

of the initial sediment storage requirements and

perimeter control BMPs within seven (7) days after

installation.

The design professional must report the results of the

inspection to the permittee within seven (7) days and the

permittee must correct all deficiencies within two (2) business

days of receipt of the inspection report.

(Permit Reference: Part IV.A.5.)

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Terms of the Permit


• Upon request by the permittee, the design professional will amend ES&PC Plans as necessary whenever there is a change affecting BMPs with a hydraulic component.

• BMP with a HYDRAULIC COMPONENT – BMP where the design is based upon rainfall intensity, duration and return frequency of storms.

(Permit Reference: Part IV.C.)

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Terms of the Permit

Part IV – State Waters Determination• Field Guide for Determining The

Presence of State Waters That Require a Buffer is available on the GA EPD website, www.gaepd.org, and the GSWCC website, www.gaswcc.georgia.gov.

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Terms of the Permit

Part IV – Stream Buffer Requirement Exemptions

• Public Drinking Water System Reservoirs

Permit Reference: Part IV. (i),(ii)

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Terms of the Permit

Part IV – Stream Buffer Requirement Exemptions

• Stream Crossing for Water and Sewer Lines

(Note: No change from earlier permits) • Buffer Crossings for Fences

(Stand Alone and Common Development)• Fences

(Infrastructure Construction)• Stream Crossings for Aerial Utility Lines

Permit Reference: Part IV. (i),(ii)

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Terms of the Permit

Part IV – ES&PC Plan Contents• The Plan shall include best management

practices for concrete washdown of tools, concrete mixer chutes, hoppers and the rear of vehicles.

• Washout of the drum at the construction site is prohibited.

• Guide for Ready Mix Chute/Hopper Washdown brochure is available on the Georgia Small Business Environmental Assistance Program website, www.gasmallbiz.org.

(Permit Reference: Part IV.D.3.c.)

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Terms of the Permit

Part IV – ES&PC Plan Contents• Locate waste collection away from streets, gutters,

watercourses and storm drains.• Waste collection areas, such as dumpsters, are best

located near construction site entrances to minimize traffic on disturbed soils.

• The Plan should include secondary containment around liquid waste collection areas to minimize contaminated discharges.


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Terms of the Permit

Part IV – ES&PC Plan SubmittalSituation 1: The local government (i.e., city or county)

is a certified Local Issuing Authority (LIA).

• NOI and required attachments must be submitted to the appropriate GA EPD District Office.

• Copy of the NOI must be submitted to the LIA.• Copy of the ES&PC Plan must be submitted to the

appropriate GA EPD District Office only for sites equal to or greater than 50 acres of disturbed area.


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Terms of the Permit

Part IV – ES&PC Plan Submittal

Situation 2: The local government is a LIA, but the

project is exempt from the local ordinance.• NOI and required attachments must be submitted to the

appropriate GA EPD District Office.• Single copy of the ES&PC Plan must be submitted to the

GA EPD Watershed Protection Branch in Atlanta and second copy must be submitted to the appropriate GA EPD District Office.

• The local Soil and Water Conservation District offices will no longer require copies of the Plans.


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Terms of the Permit

Part IV – ES&PC Plan Submittal

Situation 3: The local government is not a certified Local Issuing Authority.

• NOI and required attachments must be submitted to the appropriate GA EPD District Office.

• Single copy of the ES&PC Plan must be submitted to the GA EPD Watershed Protection Branch in Atlanta and second copy must be submitted to the appropriate GA EPD District Office.

• The local Soil and Water Conservation District offices will no longer require copies of the Plans.


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Terms of the Permit

Part IV – Site Inspections – Primary and Tertiary• E&SC Inspectors (certified personnel) – Level IA• Daily Inspections: (1) areas where petroleum products

are stored, used or handled; (2) vehicle entrances and exits; and (3) measure rainfall for each 24 hour period.

• Weekly Inspections and within 24 Hours of each ½ Inch Rainfall or Greater: disturbed areas, storage areas, structural BMPs and outfall locations.

• Monthly Inspections: stabilized areas.

(Permit Reference: Part IV.D.4.a. – 4.c.)

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Terms of the Permit

Part IV – Inspection Reports – Primary and Tertiary• Inspection Reports must include the following: name of

inspector, date of each inspection, observations relating to the implementation of the ES&PC Plan, corrective actions, incidents of non-compliance, and signature of certified E&SC inspector (certified person – IA)(Permit Reference: Part V.G.).

• Where reports do not identify any incidents of non-compliance, the report must contain a certification statement that the site in is compliance with the ES&PC Plan and the Permit.

(Permit Reference: Part IV.D.4.a.(5) – 4.c.(5))

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Terms of the Permit

Part IV – Inspection Reports – Primary and Tertiary• If BMP deficiencies are indicated during an

inspection, the BMP deficiencies should be corrected as soon as practical and corrective actions documented.

• If corrective action requires a revision to the ES&PC Plan, the Plan must be revised within 7 calendar days of the inspection.

• ES&PC Plan revisions must be implemented within 7 calendar days of the inspection.

(Permit Reference: Part IV.D.4.a.(4) – 4.c.(4))

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Terms of the Permit

Part IV – Inspection Reports – Primary and Tertiary

• All inspection reports must be retained at the site or be readily available at designated alternative location.

• All permit violations (Permit Reference: Part III.D.) must be documented in the site records within 7 days of discovery and a report of these violations must be submitted to the appropriate GA EPD District Office within 14 days of discovery.

(Permit Reference: Part V.A.2.)

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Terms of the Permit

Part IV – Site Inspections – Secondary Permittee

• E&SC Inspectors (certified personnel) – Level IA

• Daily Inspections: (1) areas where petroleum products are stored, used or handled and (2) vehicle entrances and exits.

• Weekly Inspections and within 24 Hours of each ½ inch Rainfall or Greater: disturbed areas, storage areas, structural BMPs and outfall locations.

• Monthly Inspections: stabilized areas.

(Permit Reference: Part IV.D.4.b.)

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Terms of the Permit

Part IV – Site Inspections – Secondary Permittee

Utility Companies and Utility Contractors acting as

Secondary Permittees must inspect the following each

day any type of construction activity occurs:• Areas disturbed by the utility company or contractor which

have not undergone final stabilization.• Areas used by the utility company or contractor for storage

of materials exposed to precipitation that have not undergone final stabilization.

• Structural control measures identified in the ES&PC Plan.

(Permit Reference: Part IV.D.4.b.)

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Terms of the Permit

Part IV – Inspection Reports – Secondary Permittee• The Secondary Pemittee must notify the Primary Permittee

of any BMP design deficiencies within 24 hours and the Primary Permittee must evaluate any suspected BMP design deficiencies within 48 hours of notice.

• If corrective action requires a revision to the ES&PC Plan, the Plan must be revised by the Primary Permittee within 7 calendar days of the notice.

• ES&PC Plan revisions must be implemented by the Secondary Permittee within 48 hours of notice.

(Permit Reference: Part IV.D.4.b.(5))

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Terms of the Permit

Part IV – Inspection Reports – Secondary Permittee• Inspection Reports must include the following: name of

inspector, date of each inspection, observations relating to the implementation of the ES&PC Plan, corrective actions, incidents of non-compliance, and signature of certified E&SC inspector

• Where reports do not identify any incidents of non-compliance, the report must contain a certification statement that the site in is compliance with the ES&PC Plan and the Permit.

• (Permit Reference: Part IV.D.4.b.(6))

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Terms of the Permit

Part IV – Inspection Reports – Secondary Permittee

• All inspection reports must be retained at the site or be readily available at designated alternative location.

• All permit violations (Permit Reference: Part III.D.) must be documented in the site records within 7 days of discovery and a report of these violations must be submitted to the appropriate GA EPD District Office within 14 days of discovery.

(Permit Reference: Part V.A.2)

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Terms of the Permit

Part IV – Sampling Requirements

• WQ Sampling Personnel (certified subcontractor) – Level I

• Applicable to Primary Permittees with a total planned disturbance equal to or greater than one (1) acre and Tertiary Permittees with a total planned disturbance equal to or greater than five (5) acres.

• Sampling requirements are not applicable to Secondary Permittees.

(Permit Reference: Part IV.D.6.)

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Terms of the Permit

Part IV – Sampling Requirements

• Permits require the monitoring of Nephelometric Turbidity in receiving waters, storm water discharge outfalls, or combination thereof.

• The ES&PC Plan must delineate a precise sampling methodology for each sampling location.

• The analytical method used to collect and analyze samples must include quality control / quality assurance procedures.


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Terms of the Permit

Part IV – Sampling Frequency

Samples must be collected for at least two rain events:

• First rain event > 0.5 inches after clearing and grubbing operations have been completed.

• First rain event > 0.5 inches that occurs either 90 days after the first sampling event OR after all mass grading operations have been completed, whichever comes first.

Samples must be collected within 12 hours of storm water

discharge from the site.

(Permit Reference: Part IV.D.6.d.)

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Terms of the Permit

Part IV – Sampling Frequency

Sampling is to take place during normal business hours,

which has been defined as Monday thru Friday 8:00 AM to

5:00 PM and Saturday 8:00 AM to 5:00 PM, excluding all

non-working Federal holidays, when construction

activity is being conducted by the primary permittee


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Terms of the Permit

Part IV – Monitoring Results

• If the results exceed the applicable NTU values of the Permits and BMP deficiencies exist, corrective action must be defined and implemented within 2 days.

• Additional sampling must be conducted for every rain event > 0.5 inches until the applicable turbidity standard is attained or BMP deficiencies have been corrected.

• If the results exceed the applicable NTU values of the Permits, but the certified inspector determines that the BMPs are properly designed, installed and maintained, no additional sampling is required.

(Permit Reference: Part IV.D.6.d.)

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Terms of the Permit

Part IV – Sampling Points• Sample all receiving waters, or all outfalls, or a

combination of all receiving waters and outfalls as specified in the ES&PC Plan.


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Sampling Points Receiving Waters

Site

UpstreamSampleDownstream

Sample

Downstream Sample – Upstream Sample ≤ 10 NTUs (Trout Stream)Downstream Sample – Upstream Sample ≤ 25 NTUs (Warm Water

Stream)

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Outfall Sampling Location

SiteOutfall

Outfall

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Terms of the Permit

Part IV – Reporting Monitoring Results• Submit summary of monitoring results to the appropriate

GA EPD District Office by the 15th of the month following the sampling event.

• Reports must include: the construction site name and location; date, time and location of sampling; names of individuals performing the sampling and analyses; and monitoring results.

• Results that exceed 1000 NTU,

shall be reported as “Exceeds 1000 NTU.”

(Permit Reference: Part IV.E.) Send Reports

to EPD

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Terms of the Permit

Part IV – Reporting Monitoring Results• All reports must be signed by the certified

subcontractors that performed the sampling and analyses and must contain the certification statement delineated in Part V.G.2.d. of the Permits.

(Permit Reference: Part IV.E.)

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Terms of the Permit

Part IV – Retention of Records – Primary and Tertiary

The following records must be retained at the site or be

readily available at designated alternative location: • Copy of Notice of Intent and Proof of Submittal• Copy of ES&PC Plan• Design Professional Inspection Report • Monitoring Information, Results and Reports• Site Inspection Reports• Violation Summary Reports• Rainfall Data

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Terms of the Permit

Part IV – Retention of Records – Secondary Permittee

The following records must be retained at the site or be

readily available at designated alternative location: • Copy of Notice of Intent and Proof of Submittal• Copy of ES&PC Plan• Site Inspection Reports• Violation Summary Reports

(Permit Reference: Part IV.F.)

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Terms of the Permit

Part IV – Retention of Records

Records must be maintained by the permittee

for a period of at least 3 years after a valid

Notice of Termination has been submitted to the

appropriate GA EPD District Office.

(Permit Reference: Part IV.F.4.)

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Terms of the Permit

Part VI – Termination of Coverage

FINAL STABILIZATION means that all soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures have been used.

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Terms of the Permit


The Permittee (Primary, Secondary or Tertiary) may

submit a Notice of Termination (NOT) immediately if:

• All planned construction activities have been completed and the entire development has undergone final stabilization,

• All storm water discharges associated with construction activities have ceased, and

• The site is in compliance with the Permit.

(Permit Reference: Part VI.A.)

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Terms of the Permit

Part VI – Termination of CoverageThe Permittee (Primary, Secondary or Tertiary) of the site

changes and construction activities and storm water

discharges will continue after the Permittee changes:

• Prior to submitting a NOT, the Permittee must notify the subsequent Owner and/or Operator of the Permit requirements.

• The subsequent Owner and/or Operator must submit a new Notice of Intent at least 7 days prior to construction activities at the site. (Permit Reference: Part II.A.4.)

(Permit Reference: Part VI.A.3.)

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Terms of the Permit

Part VI – Termination of CoverageThe Primary Permittee of a Common Development may

submit a NOT immediately if: • If all planned construction activities have been completed

and final stabilization of the site has been implemented by the Primary Permittee and all Secondary Permittees,

• All Secondary Permittees have submitted a NOT,• All storm water discharges associated with construction

activities have ceased, and • The site is in compliance with the Permit.


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Terms of the Permit


The Primary Permittee of a Common Development may

submit a NOT, even if all planned construction activities

have not been completed, if and only if: • Construction activities have stopped for at least 90 days,• Final stabilization has been implemented by the Primary

Permittee and all Secondary Permittees,• All Secondary Permittees have submitted a NOT, and • The site is in compliance with the Permit.


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Terms of the Permit

Part VI – Tertiary Permittee – Common Developments

The Primary Permittee must notify the legal title holders of

each remaining lot(s) that these lot Owners or Operators will

become Tertiary Permittee(s) – applicable to all lots,

including lots that are less than one acre.

TERTIARY PERMITTEE means either the Owner or Operator

of a remaining lot(s) within a Common Development where the

Primary Permittee and all Secondary Permittees have

submitted a NOT in accordance with the Permit (excluding

utility companies and contractors working under a Blanket NOI).

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Terms of the Permit


TERTIARY PERMITTEE must have at least one

“certified person” (Level IA) on-site responsible for

E&SC for land disturbing activities undertaken by the

Tertiary Permittee. (O.C.G.A. § 12-7-19(a)(2))


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Terms of the Permit

Tertiary Permittee must submit a NOI at least 14 days prior

to commencement of construction activities.


• NOIs must be submitted by return receipt certified mail or

similar service and proof of submittal must be readily

available at the construction site or a designated location.

(Permit Reference: Part VI.A.2)

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Terms of the Permit


• Tertiary Permittee must provide an ES&PC Plan to control storm water from the individual lot(s) prepared and implemented by certified personnel.

(Permit Reference: Part VI.A.2)

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Terms of the Permit

NOTs must be submitted to both the

appropriate GA EPD District Office

and

to the Local Issuing Authority (LIA)

in jurisdictions authorized to issue

local Land Disturbance Activity permits.

(Note: No change from earlier permits)

(Permit Reference: Part VI.C.)

Part VI – Notice of Termination Submittal

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Terms of the Permit

Regulatory Enforcement Inspectors (Level IB):

• Local Issuing Authority or GA EPD staff

• Inspectors contracted by a LIA to perform regulatory inspections

(Reference: O.C.G.A. § 12-7-19)

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Regulatory Inspections

Routine Inspections and Complaint Investigations

Recommended Inspection Protocol • Review of Notice of Intent – Determine if the NOI was

properly filed and if fees were paid. If the site is a Common Development, determine if Secondary Permittees have properly filed NOIs.

• Review of Monitoring Results and Inspection Reports.

• Review of Design Professional Inspection Report – The Design Professional must inspect the installation of the initial sediment storage requirements and perimeter control BMPs.

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Regulatory Inspections

• Routine Inspections and Complaint Investigations

• Recommended Inspection Protocol • Review of ES&PC Plan – The inspection should

determine if the BMPs identified on the ES&PC Plan are properly installed and maintained.

• If the site is not incompliance with the Permit, appropriate enforcement action should be initiated.

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Enforcement – Stop Work Order

VIOLATIONS: • Construction activity without a Permit (i.e., failure to submit

a NOI, fees and/or an ES&PC Plan).• Failure to maintain a stream buffer (i.e., 25-ft for non-trout

waters or 50-ft for trout streams).• Significant amounts of sediment discharged into State

waters where BMPs have not been properly designed, installed and maintained.

(Reference: O.C.G.A. § 12-7-12(d))

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QUESTIONS?